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The Courts

October 30, 2019 | Daily News

A Fifth Circuit Court of Appeals decision to remand a lawsuit back to the district court to hash out which of Louisiana’s abortion regulations injure the plaintiffs mirrors the Department of Justice’s requested remedy in the Texas case over the Affordable Care Act, and makes it a strong potential decision out of many possibilities on the table.

October 28, 2019 | Daily News

CMS and New Hampshire are appealing a federal judge’s ruling that blocked the state’s plan to implement Medicaid work requirements.

October 23, 2019 | Daily News

Federal Judge Margaret Sweeney issued a final judgment in the class action case Common Ground Healthcare Cooperative v. United States ordering the government to reimburse the class of about 100 Affordable Care Act plan issuers nearly $1.6 billion in cost-sharing reduction payments owed for the 2017 and the 2018 plan years.

October 23, 2019 | Daily News

House Democrats on the House Energy & Commerce oversight subcommittee criticized the Trump administration for not having an Affordable Care Act replacement plan ready to go and asked CMS Administrator Seema Verma why CMS has not intervened to defend parts of the health law that protect coverage for people with preexisting conditions in the high-profile Texas case.

October 22, 2019 | Daily News

The Ninth Circuit Court of Appeals upheld a lower court ruling that barred HHS from enforcing the Trump administrations rule that allows employers to easily avoid covering birth control without cost-sharing in the 14 plaintiff states.

October 21, 2019 | Daily News

Federal D.C. District Court Judge Rosemary Collyer on Monday (Oct. 21) turned down CMS’ request to let the agency take a first crack at fixing issues she had found with its site-neutral policy for certain off-campus clinic visits, and the judge also refused the agency’s request for a 60-day stay so that it could decide whether to appeal.

October 16, 2019 | Daily News

Stakeholders who cheered a district court ruling that shot down key pieces of the Trump administration’s rule that expanded association health plans are likely to face a steeper challenge in the appeals court where they’ll be arguing before a panel of judges appointed by two GOP presidents and one Democrat.

October 11, 2019 | Daily News

A New York federal judge on Friday (Oct. 11) temporarily blocked the Trump administration’s so-called public charge rule to make it difficult for immigrants to become permanent U.S. residents if they briefly use Medicaid or other forms of public assistance.

October 11, 2019 | Daily News

Federal appellate judges grilled a lawyer for the Trump administration on Friday (Oct. 11) over the administration’s policy allowing states to add work requirements to their Medicaid programs, with all the members of a three-judge panel -- two Democratic appointees and one Republican appointee -- expressing skepticism that work requirements can promote the goals of Medicaid.

October 10, 2019 | Daily News

HHS is on the hook to pay potentially $24 million or so it allegedly netted from debts owed by Colorado’s failed ACA co-op since the department has no authority to override the state’s law governing liquidation priorities, the Federal Court of Claims ruled last week.

October 09, 2019 | Daily News

The Tenth Circuit Court of Appeals could soon deliver a ruling in the ongoing case on whether HHS wrongly assumed that the Affordable Care Act's risk adjustment program had to be budget neutral, and whether state-wide adoption of that policy means that average premiums in the risk adjustment methodology should stand.

October 04, 2019 | Daily News

The Supreme Court announced that it will hear a challenge to the Louisiana abortion law that requires doctors who perform abortions to have hospital admitting privileges and abortion clinics to have access to emergency medical care.

October 01, 2019 | Daily News

The case to overturn the Trump administration's rule on short-term plans will not be decided until months after the start of the Affordable Care Act next open enrollment period, according to a recently released briefing schedule from the U.S. Court of Appeals for the District of Columbia Circuit.

October 01, 2019 | Daily News

As CMS weighs policy options for setting 340B drug pay rates, it is being tugged in different directions by 340B hospitals, for-profit hospitals that don’t participate in the drug discount program, physicians and drug makers.

September 30, 2019 | Daily News

HHS reduced the backlog of Medicare appeals by about 25% as of June 30, according to a status report submitted to the federal D.C. district court, and the American Hospital Association said that reduction was the result of its lawsuit.

September 30, 2019 | Daily News

The Department of Justice is now appealing U.S. District Judge Reed O’Connor’s ruling in a class action case -- DeOtte v. Azar - that bars HHS from enforcing the Affordable Care Act’s contraceptive mandate on essentially any individual or employer that objects to the requirement.

September 27, 2019 | Daily News

CMS is signaling a continued effort to lower reimbursement for 340B drugs, even as a court suit over the agency’s earlier cuts continues, by collecting hospital data to back up future reimbursement rates.

September 25, 2019 | Daily News

BURBANK -- Representatives from California’s Attorney General Office and Department of HHS expressed confidence the Affordable Care Act would survive the latest legal challenge and stressed, if the law were to be overturned, California would try to protect consumers but it would be impossible to fully mitigate the loss of federal funds.

September 24, 2019 | Daily News

CMS Administrator Seema Verma said a recent court ruling that found CMS didn’t have the authority to implement site-neutral pay cuts for certain clinic visits was a setback to agency efforts to correct market distortions, and she pushed back on what she called “[e]ndless litigation from entrenched special interests.”

September 23, 2019 | Daily News

An en-banc panel of 11 judges from the Ninth U.S. Circuit Court of Appeals in San Francisco discussed whether to reverse a ruling by the same appeals court that allowed the Trump administration to proceed with its rule preventing facilities that perform abortions or refer patients for abortions from receiving Title X funds, also known as the Title X “gag rule."